The County Sheriff Is The ‘Chief Law Enforcement Officer’

gun-control-pistol-badge

Within his or her jurisdiction, the Sheriff has more power and authority than
the Governor and the President of the United States! The Sheriff has the
power to deem a law or regulation unconstitutional and therefore
invalid. ~ Video

We are constantly told (particularly by attorneys and judges) that
the District Attorney is the “Chief Law Enforcement Officer” in the
County. This statement is simply not true. The District Attorney (DA) is the chief prosecutor
in the County.

Though elected, the DA: must be an attorney; holds the
“Office of attorney at law” (Title 42, Section 2521); is an officer of
the courts and reports to the State Supreme Court.

(Article V, Section
10 ( c ) of the “1968 Pennsylvania Constitution”); cannot arrest anyone;
etc. The District Attorney is clearly a member of the Judicial Branch
of government.

If there is any “separation of powers” today, the
DA could not possibly be part of the Executive Branch of a
constitutional republic
.

The Sheriff is the lawful Chief Executive Officer and highest Peace
Officer of the entire County in which he or she was elected.

Unlike the
State Police and Municipal Police, the Sheriff reports directly to the
Citizens of the County. In today’s terms, the Sheriff is the “Chief Law
Enforcement Officer” (CELO) of the County. The duties, responsibilities
and authorities of the County Sheriff (a constitutional officer) are, at
a minimum, the same as they were when the State Constitution was
originally written.

The duties, responsibilities and/or authorities of
the Sheriff cannot be
diminished by those in the legislature or the courts of the State or of
the County. Only the Citizens of this Commonwealth, by a constitutional
amendment (that is lawfully done) can diminish the duties,
responsibilities and/or authorities of the County Sheriff. 

These facts,
and many more, were true and recognized in Pennsylvania long before it
became a State on September 28, 1776 and lawfully remain true today.

In support of the statements presented herein above, consider the following relevant excerpts from:  A Treatise on the Law of Sheriffs, Coroners and Constables with Forms,  written by Walter H. Anderson, LL.B., LL, D., in 1941

Volume I, Chapter II,

Section 42. Powers and Duties of Sheriff Implied from Name and Nature of His Office.
– 

A sheriff is an officer of great antiquity, dignity, trust and
authority. He was chief officer to the King within his county; no suit
began, no process was served, but by the sheriff.

He was to return
indifferent juries for the trial of men’s lives, liberties, lands,
goods, etc. At the end of suits he was and still is required to make
execution which is the life and fruit of the law. So it is seen that
original process moved and was directed to the sheriff, subsequent
proceedings were circulated in him and were at last finished and
completed by him.

If execution be the life of the law, as it is
alleged to be, it seems (as one says) to be seated in the sheriff as in
the heart which is primum vivens and ultimum moriens.

The sheriff is
also the principle conservator of the peace within the county which is
the life of the commonwealth.*  

The powers and duties of the sheriff as
implied from the name and nature of his office are still the same today
as they were at common law, except, insofar as it has been modified by
constitutional and statutory provisions.* 

He is still an officer of the
court and subject to its orders and directions.*

The sheriff is still
made responsible as conservator of the peace and protector of society
against vice and crime.*

Section 43. Rights of the Sheriff as Constitutional Officer.

Where the sheriff is named in the Constitution his duties are the
same as they were at the time the Constitution was adopted.* 

Where the
office of sheriff is named as a constitutional officer the people
intended that those officers should exercise the powers and perform the
duties then recognized as appertaining to the respective offices which
they were to hold.

This thought is well expressed in an early Wisconsin
case. (State ex, rel. Kennedy v. Brunst, 26 Wis. 412, 7 Am. Rep. 84) 

“Now it is quite true that the constitution nowhere defines what powers,
rights and duties shall attach or belong to the office of sheriff. But
there can be no doubt that the framers of the Constitution had reference
to the office with those generally recognized legal duties and
functions belonging to it in this country, and in the territory, when
the Constitution was adopted.”* 

While the legislature may impose
additional duties upon the sheriff, where he is recognized as a
constitutional officer, it cannot restrict or reduce his powers as
allowed by the Constitution, or as they were recognized when the
Constitution was adopted.*

Section 44.  The Sheriff Essentially is a Common Law Officer.

From the very title and by virtue of occupying the office of sheriff,
it carries with it all the common law powers and duties, except as
modified by the State Constitutions and by statutes.* 

The sheriff is
the chief law enforcement officer in the county today even as he was at
common law. His jurisdiction is co-extensive within the county including
all municipalities and townships.* 

Where the State constitution
provides for the election of that officer without prescribing in express
conditions the duties which shall attach to the office, it is presumed
that the duties are those attaching to the office of common law.*

Section 50.  Additional Duties Required of the Sheriff by Statute.

As has already been seen, where the office of sheriff is a
constitutional one, the legislature has no power without a
constitutional amendment to diminish his official powers, or to transfer
to other officers the duties which properly pertain to his office.

However, additional duties may be added, and often are, to the office of
sheriff, and frequently when such is done, additional bonds are
required as herein after seen. …

Note: *  The court decision citation is given in the original text, but is omitted here in the interest of time and space.

Source:  This information is taken verbatim from: A Treatise on the Law of Sheriffs, Coroners and Constables with Forms,
Vol. 1 of 2; by Walter H. Anderson, LL.B., LL, D.; Published by:
Herbert D. Howard, 1941

(Unforgivably these books are no longer in
print.)
(There are many more similar historical sources that prove
the facts and law presented.)

Some may say that there is very little stated in the Constitution of
Pennsylvania about Sheriffs.  While this is true, at the time the
Constitution was written in 1776, everyone clearly understood the
duties, responsibilities and authorities of Sheriffs, therefore it was
not necessary to include a lengthy enumeration of their duties in the
Constitutions.

The office of the Sheriff dates back to about 500 AD in
England and was established in Pennsylvania and the other colonies in
America from the time they were created. 

The constitutional offices of
Sheriffs, Coroners, and Constables were clearly established in the first
Constitution of Pennsylvania on September 28, 1776 and continue to this
day.

Unfortunately, certain attorneys, judges, justices and professors of
law (and others) have been unlawfully working to eliminate, or at least
minimize, the Office of the Sheriff and/or their duties,
responsibilities and authorities since the “War between the States”.

However, as proven herein above, any attempt to do so without a
lawful constitutional amendment is unconstitutional and thus null and
void from the time that the alleged change was done. The Sheriff is
still the Chief Executive Officer and highest Peace Officer in his or
her County. The Sheriff works directly for the Citizens of the County.

Sheriffs in Pennsylvania need to step forward and strictly follow
their constitutional “oath of office”.  Follow the law, and stop
listening  to the deceptive statements by attorneys and judges.

 We all need to contact our Sheriff to encourage him to do this now and always!

 

William Taylor Reil – September 13, 2012 – SheriffBrigadesOfPennsylvania

Reposted February 21, 2013 – KnowTheLies

 

Also see…

January 24, 2013 in Gilberton Pennsylvania, The Police Chief Mark
Kessler said he has drawn the line in the sand, and will stand with
Freedom Over Tyranny as he and the city passed a resolution unanimously
that says that will not comply or enforce any new laws infringing on the
2nd amendment.

VideoLink

 

If we don’t hang together… we will certainly hang separately.

 

Source Article from http://www.knowthelies.com/node/8618

Views: 0

You can leave a response, or trackback from your own site.

Leave a Reply

Powered by WordPress | Designed by: Premium WordPress Themes | Thanks to Themes Gallery, Bromoney and Wordpress Themes